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1975 Supreme(All) 317

HARI SWARUP
Rajanlal – Appellant
Versus
State – Respondent


HARI SWARUP, J.

( 1 ) THIS revision has been filed against the conviction of the applicant under S, 7/16 of the Prevention of Food Adulteration Act and the sentence awarded to him is of Rs. 1,000 fine. The case of the prosecution was that on 22-2-1971, the Food Inspector found the applicant selling milk from a container which he was carrying on his cycle. It was said to be cow milk. The Food Inspector after serving the notice required by Rule 12 purchased from him 660 mis. of milk on payment of 0. 60 P. as price. The milk was divided into three phials after adding formalin. One of the samples was sent to the Public Analyst for chemical examination. On the report of the Public Analyst that the milk was deficient in non-fatty solids, the applicant was prosecuted. The accused admitted that the milk was sold to the Food Inspector after notice for sample and was divided into three phials. He claimed, however, that the milk was not adulterated, it was not meant for sale, and was being carried by him for his ailing mother. The accused also admitted his signatures on the receipt for the price paid to him.

( 2 ) THE prosecution examined the Food Inspector and one Sheo Baran Singh, Sanitary






















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